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On The Perfection Of The System Of Void Criminal Procedural Act

Posted on:2013-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y JinFull Text:PDF
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In our current legislation as the standard, for a variety of criminal procedure legitimacy and judgment should not very difficult thing. However, experience and practice tell us, in the actual criminal procedure, criminal acts are not associated with the current laws and regulations perfect match. Some criminal acts are more or less, or heavy or light, with some non-standard place, even is a serious violation of the relevant provisions of the law, infringes upon the lawful rights and interests of the parties. And in the criminal procedure, as a result of public power and private rights of power between the enemy, plus national public power in the use of proactive, mandatory feature, which makes the subject of public powers in criminal procedure criminal action has multiple, and the harm is more serious. For public power the main action regulation has become the field of criminal litigation procedure code of conduct key and key.On the public power the main procedure code of conduct is the starting point to the litigation legal effectiveness evaluation and judgment. Let those illegal criminal behavior loses its should be in the criminal procedure should happen effectiveness. On one hand, declared illegal criminal acts void that clearly indicates the law on the behavior of the negative evaluation; on the other hand, due to the ineffective result in litigation behavior not expected effect, and that the subject of public powers lost its procedural "illegal income", resulting in the normative level check illegal interests motivation. In the criminal procedure, criminal procedure act invalid system establishment and application of the restriction and normalization of public power the main action has great impact and significance.
Keywords/Search Tags:Criminal Proeeduralact Invalidation of Act in Action, ProeeduraldisPosa
PDF Full Text Request
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